[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65183-65185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24952]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0624; Directorate Identifier 2013-NM-071-AD;
Amendment 39-17632; AD 2013-21-08]
RIN 2120-AA64
Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
ATR--GIE Avions de Transport R[eacute]gional Model ATR72-101, -201, -
102, -202, -211, -212, and -212A airplanes. This AD was prompted by
reports of airplane incidents and accidents that have occurred because
of low-level fuel tank situations and fuel starvation that resulted in
engine flameouts. This AD requires installing a fuel quantity indicator
(FQI) equipped with a locking adaptor on the electrical connector. We
are issuing this AD to prevent an engine flame-out, which could result
in reduced controllability of the airplane.
DATES: This AD becomes effective December 5, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 5,
2013.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0624 or in person at the
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC.
For service information identified in this AD, contact ATR--GIE
Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre Nadot,
31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33
(0) 5 62 21 67 18; email [email protected]; Internet
http://www.aerochain.com. You may review this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1137;
fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM published in the Federal Register on July 18, 2013 (78 FR 42898).
The NPRM proposed to correct an unsafe condition for the specified
products.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0047, dated March 4, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
Large aeroplane incidents and accidents have occurred because of
fuel tank low level situations, or because of fuel starvation,
resulting in one or several engine(s) flame-out. The results of the
investigation into an ATR 72 accident in August 2005 have shown that
overruling standard operational procedures and maintenance practices
have led to this kind of occurrence.
Consequently, additional actions to help avoid maintenance
errors, like installation of a wrong gauge or wrong indicator, need
to be taken.
Although it is recognised that the fuel (indicating) system of
the ATR 42/72 type design is compliant with the applicable
requirements, the risk of other maintenance errors will be mitigated
by making installation of an ATR 42 Fuel Quantity Indicator (FQI) on
an ATR 72 aeroplane mechanically impossible through a specific
design change on the ATR 72.
For the reasons described above, this [EASA] AD requires
modification of the ATR 72 FQI by installing a locking adaptor on
the electrical connector. You may obtain further information by
examining the MCAI in the AD docket.
We are issuing this AD to prevent an engine flame-out, which could
result in reduced controllability of the airplane. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0624-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 42898, July 18,
2013) or on the determination of the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed--except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 42898, July 18, 2013) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 42898, July 18, 2013).
Costs of Compliance
Based on the service information, we estimate that this AD affects
25 products of U.S. registry. We also estimate that it takes 2 work-
hours per product to comply with the basic requirements of this AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $3,882 per product. Where the service information lists required
parts costs that are covered under warranty, we have assumed that there
will be no charge for these parts. As we do not control warranty
coverage for affected parties, some parties may incur costs higher than
estimated here. Based on these figures, we estimate the cost of
[[Page 65184]]
the AD on U.S. operators to be $101,300, or $4,052 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0624; or in person at the
Docket Operations office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
MCAI, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone (800) 647-5527) is in the ADDRESSES section.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2013-21-08 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-17632. Docket No. FAA-2013-0624; Directorate Identifier 2013-NM-
071-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective December 5,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes,
certificated in any category, except airplanes that have received
ATR Modification 5948 in production.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by reports of airplane incidents and
accidents that have occurred because of low-level fuel tank
situations and fuel starvation that resulted in engine flameouts. We
are issuing this AD to prevent an engine flame-out, which could
result in reduced controllability of the airplane.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Installation
At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Install a fuel quantity indicator (FQI) equipped with a
locking adaptor on the electrical connector, in accordance with the
Accomplishment Instructions of Avions de Transport R[eacute]gional
Service Bulletin ATR72-28-1026, dated February 26, 2013.
(1) For airplanes on which a fuel secondary low level detection
system is not installed: Within 24 months after the effective date
of this AD.
(2) For airplanes on which a fuel secondary low level detection
system is installed: Within 36 months after the effective date of
this AD.
Note 1 to paragraph (g) of this AD: The fuel secondary low level
detection system may have been installed through the embodiment of
ATR Modification 04686 in production, or as applicable, through ATR
Service Bulletins ATR72-28-1013 or ATR72-28-1022 in service.
(h) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-
1137; fax (425) 227-1149. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(i) Related Information
Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency Airworthiness Directive 2013-0047,
dated March 4, 2013, for related information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0624-0002.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Avions de Transport R[eacute]gional Service Bulletin ATR72-
28-1026, dated February 26, 2013.
(ii) Reserved.
(3) For service information identified in this AD, contact ATR--
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot,
[[Page 65185]]
31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax
+33 (0) 5 62 21 67 18; email [email protected];
Internet http://www.aerochain.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call 425-227-1221.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 30, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-24952 Filed 10-30-13; 8:45 am]
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